A Coram Nobis petition addresses several different legal situations. Historically, before the enactment of Section 440, a defendant could raise issues related to their conviction by filing a Coram Nobis petition with the lower court. However, under current law, a defendant should now use Section 440 to raise these issues.

That said, a Coram Nobis petition is still applicable in certain circumstances. For example, if a defendant’s attorney mistakenly argued a prior appeal, the defendant may file a Coram Nobis petition asking the appellate court to reconsider its ruling. As mentioned in the section on notices of appeal, in very rare cases where there has been an egregious error in how the notice of appeal was handled, a defendant may file a late notice of appeal by Coram Nobis even outside the typical one-year filing period.

Additionally, in federal court, a defendant may file a writ of error Coram Nobis to raise constitutional issues after the time limits for other post-conviction motions have passed.

A Coram Nobis petition allows defendants to challenge convictions or appeal rulings in specific situations, such as attorney errors or filing a late notice of appeal due to significant mistakes. If you're seeking post-conviction relief or need help with a Coram Nobis petition, contact Cohen Forman Barone today. Our experienced criminal defense attorneys offer compassionate, skilled advocacy to help you navigate complex legal issues and fight for your rights.